Madras High CourtWP(MD)/799/2016disposed of

R.Sathiyabama v. The Secretary

2019-02-28Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.799 of 2016 and W.M.P(MD)Nos.17396 & 17397 of 2017 1.R.Sathiyabama 2.C.Varatharajan 3.S.Kannan 4.J.Velmurugan 5.K.Balakrishnan ... Petitioners Vs.

1.The Secretary, Urban Development and Housing Department, Secretariat, Chennai - 600 009.

2.The Registrar (Housing), Tamil Nadu Housing Board Building, No.493, Anna Salai, Nandanam, Chennai.

3.The Deputy Registrar (Housing), Virudhunagar Region, Virudhunagar.

4.The President, VNR HSG-18, Aruppukkottai Co-operative Housing Society Limited, Aruppukkottai, Virudhunagar District.

5.The Secretary, VNR HSG-18, Aruppukkottai Co-operative Housing Society Limited, Aruppukkottai, Virudhunagar District.

6.Tamil Nadu Co-operative Housing Federation, No.48, Ritherton Road, Vepary, Chennai.

... Respondents (R - 6 is impleaded vide order, dated 28.02.2019 made in W.M.P(MD)No.4114 of 2017) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the fourth and fifth respondents to issue salary and other benefits to the petitioners' based on the representation of the petitioners, dated 14.09.2015.

For Petitioners :Mr.N.Madhava Govindan For RR 1 & 2 :Mr.V.Anand, Government Advocate.

For RR 3 to 5 :Mr.S.Seenivasagam

ORDER

This writ petition has been filed by the petitioners seeking issuance of a writ of Mandamus, to direct the fourth and fifth respondents to issue salary and other benefits to the petitioners' based on their representation, dated 14.09.2015. 2.Heard the learned counsel appearing for the petitioners, the learned Government Advocate appearing for the respondents 1 and 2 and the learned counsel appearing for the respondents 3 to 5. 3.The petitioners are working in different posts for more than 18 years in the fourth and fifth respondents Society. From the year 2014 onwards, the Society has not paid salary to the petitioners. Hence, the petitioners made a representation to the respondents on 14.09.2015 seeking for salary. Since the Society become defunct, the first respondent sent a letter to the Society for selling the plots, which are available with them. Though the fourth and fifth respondents have issued notification for selling the plots, steps have not been taken so far. Hence, the petitioners have filed the present Writ Petition.

4.The learned counsel appearing for the respondents 3 to 5 submitted that the petitioners' representation will be considered within the time frame fixed by this Court.

5.In such view of the matter, the respondents are directed to consider the representation of the petitioners, dated 14.09.2015 seeking for issuing salary and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to all the interested parties. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

To 1.The Secretary, Urban Development and Housing Department, Secretariat, Chennai - 600 009.